If the chances of winning a claim at the appeal council level are very slim, why not file a new claim??? I know I would lose a lot of backpay, but time is the concern for me. Why wait another six months to a year only to be denied again??? Can someone who is/or at this level tell me their strategy....and keep in mind you can no longer file a new claim and appeal at the council level.

Well when people filed new claims and won and they had the option to fight or drop old claim they would . So if u got approved on new claims but denied on old claim u would have to pay them back. So a person wins new claim they would b satisfied and drop or lose old claim but they would receive credit . New case would go back to time ALJ denied ur case .

Is it still ok to drop your claim at the appeal council?
Drop the first claim?
Then refile?
Keep in mind that refiling will still take at least six months. I would be concerned about losing backpay benefits after starting a new claim. Social Security may move the date of onset. I had got denied and just quit , Several years later I refiled and Social Security cut my backpay a year. I would talk to my Lawyer about this.

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redfredr76 (10-06-2011)